Legal Opinion

Utility Service Co. v. Department of Labor & Industrial Relations

Supreme Court of Missouri

Decided March 1, 2011No. SC 90963PublishedCited by 11 opinions

1Opinion of the Court

MARY R. RUSSELL, Judge.

At issue in this case is whether Missouri’s Prevailing Wage Act (the Act), sections 290.210 to 290.340, RSMo 2000, 1 ap plies to the contracted work performed on a city’s water storage tank and tower. The contractor maintains that the work is “maintenance work” that is exempt from coverage under the Act. The Missouri Department of Labor and Industrial Relations (“the Department”) asserts that the work at issue is “construction” that is subject to the Act. The trial court found in favor of the contractor, and the Department appeals. 2 This Court finds that the contracted…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  3. Foremost-McKesson, Inc. v. DavisSupreme Court of Missouri · 1972
  4. United Pharmacal Co. of Missouri, Inc. v. Missouri Board of PharmacySupreme Court of Missouri · 2006
  5. State Ex Rel. LeFevre v. StubbsSupreme Court of Missouri · 1982

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3Cited by11 opinions

  1. Farrow v. Saint Francis Medical CenterSupreme Court of Missouri · 2013
  2. State v. LibertySupreme Court of Missouri · 2012
  3. Aquila Foreign Qualifications Corp. v. Director of RevenueSupreme Court of Missouri · 2012
  4. Great American Dining, Inc. v. Philadelphia Indemnity InsuranceSupreme Court of New Hampshire · 2013
  5. Andro Tolentino v. Starwood Hotels & Resorts Worldwide, Inc., Westin Hotel Management, LPSupreme Court of Missouri · 2014

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